Suggested citation: S. Mangiacasale, Per una collocazione sistematica del pubblico ministero nell’ordinamento costituzionale in lceonline (www.lceonline.eu), 2/2026, II/Rubriche, p. 61 ss.
Key words: public prosecutor, jurisdictional guarantees, separation of careers, separation of powers
Abstract: This article analyzes the position of the public prosecutor within the constitutional system, trying to harmonize ordinarylegislation with the text of the Charter. The analysis focuses on twoopposing conceptions of the public prosecutor: the conception of thismagistrate as an organ of the State apparatus or of the State community, leaning, based on the in-depth analysis, toward the latterview. Finally, the topic is revisited with reference to legislative and case law insights from the European Union, which pave the way for concise reflections on the attempted constitutional reform of Title IV in Italy.
